ESEA Reauthorization: Comparison
Issue
Local School Board
Governance
Current Law
House: H.R. 5. – “The Student
Success Act” (Passed by U.S.
House of Representatives,
July 2015)
Sec. 6531 in H.R. 5 affirms the
authority and flexibility that
states and local school
districts need to facilitate
local innovation & student
achievement, without placing
undue burdens on districts
that would adversely impact
effective governance.
Source: Penn Hill Group & NSBA – July 24, 2015
Senate: S. 1177 –“The Every Child Achieves
Act” (Passed by U.S. Senate,
July, 2015)
Amendment #2079 introduced by Senator
Deb Fischer (R-NE), which was agreed to by a
voice vote on the Senate floor for inclusion in
S. 1177, would clarify the appropriate federal
role in education and affirm local school
board governance. It would ensure that local
school boards have a stronger voice in the
regulatory and guidance processes. This
tripartisan amendment is cosponsored by
Senator Angus King (I-ME) and Senator Jon
Tester (D-MT).
NSBA's Position
NSBA supports local governance
provisions of both measures.
See NSBA Resolution #3 (Local
School Board Governance,
Flexibility and Efficiency)
The following provisions of this bill are also
pertinent to effective local school board
governance:
Section 1111 of Title I regarding state
education plans, academic standards and
specific types of assessments; Section 1113 of
Title I that affirms state and local decisions for
school intervention and support strategies;
Section 2101 of Title II which prohibits federal
mandates on evaluation systems and
respective definitions of teacher, principal or
other school leader effectiveness; Section
4105 of Title IV that prohibits federal
mandates on principles of effectiveness
utilized by school districts for safe and healthy
schools; and, Section 6301 of Title VI and
Section 9527 of Title IX that prohibit federal
mandates, incentives, endorsements or
required certification regarding instructional
content, academic standards, assessments
and curriculum.
1
ESEA Reauthorization: Comparison
ESEA Funding
Generally includes separate
authorizations for programs.
The bill authorizes level
funding for each fiscal year
from 2016 through 2019.
This change from 2021 to
2019 came from the Rokita (RIN) & Grothman (R-WI)
amendment No. 45 which sets
the authorization from fiscal
year 2016 through 2019.
Source: Penn Hill Group & NSBA – July 24, 2015
Authorization of appropriations throughout
the bill reads, “there are authorized to be
appropriated such sums as may be necessary
for each of fiscal years 2016 through 2021.”
Amendment #2247 introduced by Senator
Richard Burr (R-NC), which was agreed to by a
roll call vote of 59-39 on the Senate floor for
inclusion in S. 1177, would amend the
allocation of funds under subpart 2 of part A
of title I.
The current law uses four formulas for
distributing money to states, this amendment
would switch to one formula which will not
use state average per-pupil expenditures and
will instead use national per-pupil
expenditures. The new formula would
distribute the Title I funds by multiplying the
number of less wealthy children by the
national per-pupil expenditure. The idea
behind the amendment is that retooling the
formula would make funding more equitable.
Though some states who would lose money
with the change required a hold harmless
clause be set up so that their states wouldn’t
lose money.
NSBA seeks to ensure a
modernized version of ESEA
that is fully supported by
federal investments in Title I,
which is the cornerstone of
ESEA.
See NSBA's Core Resolution
1(a), and also Resolutions 8, 9
and 10.
(FYI - As we noted during the
Advocacy Institute, there are
projections for increased
student enrollment. However,
this factor is not reflected in the
House and Senate ESEA bills, as
each would authorize level
funds.)
2
ESEA Reauthorization: Comparison
Maintenance of
Effort (MOE)
Under most ESEA programs,
states and/or Local Education
Agencies (LEAs) must
maintain a certain percentage
of state and/or LEA funding
that is being expended in the
prior fiscal year. See section
9521 of current law for more
information.
The bill does not include a
requirement for MOE.
Source: Penn Hill Group & NSBA – July 24, 2015
Maintains maintenance of effort (MOE)
requirements and only allows reductions in
MOE if a state has failed to meet MOE for 1 or
more of the 5 immediately preceding fiscal
years. Adds an additional authority for the
Secretary to waive MOE in the event of a
change in the organizational structure of an
LEA. See Title IV, Section 9108.
NSBA has concerns about the
exclusion of MOE requirements,
which help ensure that each
level of government meets
responsibilities for education
investments. See NSBA’s Beliefs
and Policies Article I, Section 2,
titled: “State and Local
Financing of Education.”
3
ESEA Reauthorization: Comparison
Issue
School Choice:
- Charter Schools
- Vouchers
Current Law
Students in schools which
have not made AYP for two
consecutive years must be
offered the ability to choose
another public school and the
LEA must provide, or provide
for, transportation. Students
in schools which have not
made AYP for three years
must be offered free tutoring
(supplemental educational
services).
Charter Schools: Each state is
responsible for developing a
single statewide
accountability system,
challenging academic
standards, and a method for
measuring the AYP of schools
which sets the same high
academic standards for all
public elementary and
secondary students in the
state. Based on a state's
law/constitution, a charter
school could be both a public
school and a school district
which would make the charter
subject to the related NCLB
provisions.
House: H.R. 5. – “The Student
Success Act” (Passed by U.S.
House of Representatives,
July 2015)
The bill would support state
options for Title I portability,
allowing public school choice
within a district.
Charter Schools: The bill
includes provisions to
increase the number of
charter schools, based on the
House-passed legislation from
2014 (H.R. 10, which NSBA
opposed).
Vouchers: The bill does not
include provisions for
vouchers to non-public
schools.
Source: Penn Hill Group & NSBA – July 24, 2015
Senate: S. 1177 –“The Every Child Achieves
Act” (Passed by U.S. Senate,
July, 2015)
This bill states that a school district may
provide the option to transfer to another
public school within the district. This would
apply to students in public schools that are in
need of assistance for improving student
academic achievement and any other
measures determined appropriate by the
state. [Sec.1114].
Charter Schools: The bill would authorize
programs for charter school startups,
replication, and facilities. Of the funds made
available for charter schools, 12.5 percent
would go for facilities programs, not less than
25 percent would go for national activities,
and all remaining funds would support grants
to states, public chartering agencies, LEAs,
and charter management organizations for
charter school start-ups, expansions and
replications. Eligible state entities receiving
grants (SEAs, state charter school boards,
governors and charter school support
organizations) would make subgrants to
charter school developers. See Title V, section
5102.
NSBA's Position
NSBA opposes privatization
(vouchers, tuition tax credits
and non-locally authorized
charter schools). See NSBA
Resolution #7 and the recent
op-ed by NSBA Executive
Director Thomas J. Gentzel,
published by the Huffington
Post on January 27, 2015. NSBA
supports charter schools
approved by local school
boards.
NSBA has concerns about how
portability could affect
resources between Title I
schools and non-Title I schools.
Vouchers: Provisions not included.
Vouchers: N/A
4
ESEA Reauthorization: Comparison
Issue
Testing (AYP)
Current Law
Each state is required to have
a definition of adequate
yearly progress (AYP) in place
that sets annual measurable
objectives (AMOs) for
subgroups in all schools to
meet 100% proficiency on
state assessments by the
2013-2014 school year.
In addition, secondary schools
are required to include
graduation rates and
elementary schools are
required to include an
academic indicator (social
studies performance, on-time
grade promotion) in addition
to the assessment results
described in their definitions
of AYP.
House: H.R. 5. – “The Student
Success Act” (Passed by U.S.
House of Representatives,
July 2015)
AYP is eliminated. States are
required to develop an
accountability system that
includes the following:
1. Annually measures student
achievement of public school
students (including growth).
2. Requires each state
accountability system to use
state academic achievement
standards and assessments in
math and reading or language
arts to evaluate academic
performance of each public
school annually.
3. Includes a system for low
performing public schools
receiving funds under Title I
that requires LEAs to
implement interventions in
such schools (the term low
performing is not defined).
States would be provided with
a two-year timeline to
implement the requirements
related to standards,
assessments, and
accountability systems.
Source: Penn Hill Group & NSBA – July 24, 2015
Senate: S. 1177 –“The Every Child Achieves
Act” (Passed by U.S. Senate,
July, 2015)
States would have to “describe” their single,
statewide accountability system as opposed
to providing an assurance that the state has
developed and is implementing a system.
NSBA's Position
NSBA supports the elimination
of AYP in both the House and
the Senate versions.
In addition, when annually identifying and
differentiating among public schools in the
state, the system must take into account
student academic achievement from
assessments and other measures as
determined by the state; and any additional
measures or indicators determined by the
state, as well as achievement gaps; overall
performance of all students and subgroups;
and graduation rates.
The draft adds the 4-year adjusted cohort
graduation rates and extended-year adjusted
graduation rates to the measurement
requirement of a state’s accountability
system.
Adds a limitation on the Secretary of
“indicators of teacher, principal, and other
school leader effectiveness.”
The Secretary is not permitted
to establish any criteria that
5
ESEA Reauthorization: Comparison
Testing (AYP) cont.
Source: Penn Hill Group & NSBA – July 24, 2015
specifies, defines, or
prescribes any aspect of a
state’s accountability system.
The bill states that nothing
contained in the bill should be
construed to alter a state law
giving parents rights with
respect to schools which
repeatedly did not make AYP.
This likely refers to state
parent trigger laws.
Permits “other measures of
school success” to be part of a
state’s accountability system.
6
ESEA Reauthorization: Comparison
Issue
Testing
(Assessments)
Current Law
Each state is required to have
assessments in math, science,
and reading/English language
arts. Math and
reading/English language arts
are assessed annually in
grades 3 – 8 and once in
grades 10-12. Science is
assessed once in each of the
following grade spans: 3 – 5; 6
– 9; and 10-12. In order to
make AYP, schools must
assess at least 95% of each
subgroup in their school.
States are required to provide
an assurance that they will
participate in 4th and 8th
grade reading and
mathematics assessments
under the National
Assessment of Education
Progress (NAEP) if the
Secretary pays for the costs of
such assessments.
An assessment program is
authorized for the
development of the annual
assessments for
reading/English language arts
and math and for enhanced
assessment activities, such as
those funding the
House: H.R. 5. – “The Student
Success Act” (Passed by U.S.
House of Representatives,
July 2015)
Each state is required to have
assessments in math,
reading/English language arts,
and science in the same
grades and with the same
frequency as current law.
Assessments must measure
individual student growth.
Required assessments may be
administered through a single
annual assessment or through
multiple assessments during
the school year that are
designed to result in a single
summative score.
States may use computer
adaptive assessments and
may measure a student's
academic proficiency above or
below grade level and use
such scores in the state
accountability system.
Maintains current law with
respect to NAEP participation.
The bill eliminates the
program authorizing funds for
annual assessment
development and enhanced
assessment activities but
permits the use of “Local
Source: Penn Hill Group & NSBA – July 24, 2015
Senate: S. 1177 –“The Every Child Achieves
Act” (Passed by U.S. Senate,
July, 2015)
Requires states to measure the annual
academic achievement of all students in math,
science and reading/English language arts.
Math and reading/English language arts are
assessed annually in grades 3 – 8 and once in
grades 9-12. Science is assessed once in each
of the following grade spans: 3 – 5; 6 – 9; and
1012.
State systems can measure achievement
through an annual summative assessment or
multiple statewide assessments, the results of
which would be required to be combined to
produce a summative score.
Maintains current law with respect to NAEP
participation.
Includes Secretary authority to provide up to
5 states initial authority (with potential of
expansion) to carry out innovative
assessments such as competency-based,
cumulative year end assessments.
NSBA's Position
NSBA supports efforts to ensure
that student performance is
appropriately and accurately
measured. No single
assessment should be the basis
for measuring the performance
of a student, school or district
for the purpose of creating
rewards or imposing sanctions.
Any assessment system should
use multiple, ongoing
assessment measures. The state
and federal government should
provide resources and technical
assistance to districts to
evaluate assessment data and
allow greater use of data-driven
decision making in the
adjustment of curriculum and
instructional practice.
See NSBA's Belief and Policy on
Student Assessments, Article IV,
Section 3.11.
Adds a provision for information on the
number of military-connected students except
that such information shall not be used for
school or local educational agency
accountability purposes. Sections 1111(b)(3)
State Plans and Peer Review and Secretarial
Approval & 1114 (School Identification,
Interventions and Supports).
7
ESEA Reauthorization: Comparison
Testing
(Assessments) cont.
development of the Common
Core Assessments, English
language proficiency
assessments, pre-K
assessments and greater
accessibility on assessments
for students with disabilities.
Academic Flexible Grants” for
that purpose.
Would provide flexibility to
localities by providing States
with the authority to allow
local educational agencies to
administer their own, locally
designed academic
assessment system, in place
of the State-designed
academic system. The same
requirements as laid out by
this Act for State-designed
academic assessments would
also apply to any locally
designed academic
assessment to allow LEAs to
develop their own local
assessments was adopted.
Source: Penn Hill Group & NSBA – July 24, 2015
Senator Baldwin’s (D-WI) amendment was
passed by a voice vote and would allow SEAs
and eligible entities to use Local Academic
Flexible Grant funds to audit and streamline
assessment systems, eliminates unnecessary
assessments, and improves the use of
assessments.
Would allow SEAs and eligible
entities to use Local Academic
Flexible Grant funds to audit
and streamline assessment
systems, eliminates
unnecessary assessments, and
improves the use of
assessments.
Would allow states to
withdraw from the Common
Core State Standards or any
other state standards without
any penalty from the U.S.
Secretary of Education.
8
ESEA Reauthorization: Comparison
Source: Penn Hill Group & NSBA – July 24, 2015
Parents would be allowed to
opt their student out of the
testing required under this bill
and would exempt schools
from including students that
have opted out in the schools’
participation requirements.
9